Dung Huynh, A096 055 977 (BIA Oct. 16, 2015)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent's application to adjust status. Citing Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010), the Board held that the respondent was “admitted” under INA 245(a) even though she initially obtained a K nonimmigrant visa by means of a fraudulent affidavit of support. The Board further stated that although the respondent was not seeking to marry the K visa petitioner, she would be eligible to adjust status under Matter of Sesay, 25 I&N Dec. 431 (BIA 2011), by demonstrating that the original marriage was bona fide. The decision was issued by Member Joan Geller and was joined by Member Garry Malphrus and Member John Guendelsberger. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index